S-17-0356, Debra J. Junker et al. v. Paul Maruska et al.
District Court of Kearney County, Hon. Terri Harder
Attorneys: Appellants: George G. Vinton; Appellees Carlson: Steve Windrum (Malcom Nelsen & Windrum LLP); Appellee SLS Partners: Donald J. Pepperl
Civil; Equity; Trust
Proceedings Below: After a bench trial, the district court entered judgment in favor of the defendants.
Issues: The trial court erred in (1) failing to rule that the $152,000 payment to Joel and Elwyn for alleged relinquishment of a lease and release of a nonexistent lien constituted undue enrichment; (2) ruling that Joel and Elwyn did not have knowledge that SLS owned the real estate when entering into an agreement to extend the lease; (3) not ruling that Joel had an attorney-client relationship with Dale Carlson as an agent for the Trustee of Aebeskiver when Joel entered into a lease and lease extension that was signed by Roger as Trustee; (4) failing to rule the $152,000 payment made to Joel and Elwyn by Aebeskiver Co. was under duress and coercion; (5) failing to find that Joel, Elwyn and SLS were no protected parties under Neb. Rev. Stat. §§ 30-38,101 or 30-2824; (6) ruling that SLS did not have knowledge that Roger was exceeding or improperly exercising trustee powers when SLS purchased Aebeskiver Co. land; leased the property to Aebeskiver Co.; and granted Aebeskiver Co an option to purchase from SLS under a 4 year option; (7) concluding that SLS did not know the terms of the Aebeskiver Co. lease with Joel and Elwyn; (8) ruling that the option agreement and lease did not result in SLS receiving an excessive investment return; (9) not granting judgment to Appellants, Deb, Lynn, and Mike and against Joel and Elwyn for $152,000 along with 12% interest commencing January 31, 2007; (10) not granting judgment for $133,000 in favor of Appellants Deb, Lynn and Mike and against SLS for $133,000 along with 12% interest commencing on January 31, 2007.